Chapter 18 - § 18.3 • RESIDENTIAL RENTAL AGREEMENTS

• Jurisdiction: Colorado

§ 18.3 • RESIDENTIAL RENTAL AGREEMENTS

§ 18.3.1—Warranty of Habitability of Residential Premises²⁴⁰

In every rental agreement,²⁴¹ the landlord²⁴² is deemed to warrant that the residential premises²⁴³ is fit for human habitation. A landlord breaches the warranty of habitability if: (1) residential premises are uninhabitable as described below, or otherwise unfit for human habitation; and (2) residential premises are in a condition that is materially dangerous or hazardous to the tenant's life, health, or safety; and (3) the landlord has received written notice of the condition and failed to cure the problem within a reasonable time.²⁴⁴

A residential premises is uninhabitable if it substantially lacks any of the following characteristics:²⁴⁵

• Waterproofing and weather protecting of roof and exterior walls maintained in good working order, including unbroken windows and doors;
• Plumbing and facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;
• Running water and reasonable amounts of hot water at all times furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;
• Functioning heating facilities that conformed to applicable law at the time of installation and that are maintained in good working order;
• Electrical lighting, with wiring and electrical equipment that conformed to applicable law at the time of installation, maintained in good working order;
• Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents or vermin;
• Appropriate extermination in response to the infestation of rodents or vermin throughout a residential premises;
• An adequate number of appropriate exterior receptacles for garbage and rubbish, in good repair;
• Floors, stairways, and railings maintained in good repair;
• Locks on all exterior doors and locks or security devices on windows designed to be opened that are maintained in good working order; and
• Compliance with all applicable building, housing, and health codes, which, if violated, would constitute a condition that is dangerous or hazardous to a tenant's life, health, or safety.

C.R.S. Title 38, article 12, part 5 does not apply to any of the following arrangements, unless created to avoid the application of part 5:²⁴⁶

• A residence at a public or private institution, if the residence is incidental to detention or the provision of medical, geriatric, education, counseling, religious, or similar service;
• Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser, seller, or a person who succeeds to his or her interest;
• Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
• Transient occupancy in a hotel or motel that lasts less than 30 days;
• Occupancy by an employee or independent contractor whose right to occupancy is conditional upon performance of services for an employer or contractor;
• Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
• Occupancy in a structure that is located within an unincorporated area of a county, does not receive water, heat, and sewer services from a public entity, and is rented for recreational purposes, such as a hunting cabin, yurt, hut, or other similar structure;
• Occupancy under a rental agreement covering a residential premises used by the occupant primarily for agricultural purposes;
• Any relationship between the owner of a mobile home park and the owner of a mobile home situated in the park.

§ 18.3.2—Tenant's Remedies for Breach of Warranty of Habitability

Only parties to the rental agreement or other adult residents listed on the rental agreement who are also lawfully residing in the dwelling unit may assert a claim for a breach of the warranty of habitability.²⁴⁷

A tenant may not assert a breach of the warranty of habitability as a defense to a landlord's action for possession based on a nonmonetary violation of the rental agreement or for an action for possession based on a notice to quit or vacate.²⁴⁸

If there is a breach of the warranty of habitability, then upon no less than ten nor more than 30 days' written notice to the landlord specifying the condition alleged to breach the warranty of habitability and giving the landlord five business days from the receipt of the written notice to remedy the breach, a tenant may terminate the rental agreement by surrendering possession of the dwelling unit. If the breach is remediable by repairs, the payment of damages, or otherwise, and the landlord adequately remedies the breach within five business days after receiving the notice, the rental agreement will not terminate because of the breach.²⁴⁹

A tenant may obtain injunctive relief for breach of the warranty of habitability in a court of competent jurisdiction. In a proceeding for injunctive relief, the court must determine actual damages for a breach of the warranty when the court orders the injunctive relief. A landlord will not be subject to a court order for...